invoked only under exceptional circumstances such as the ground of coram-non-judice another v. Trading Corporation of Bangladesh 4ODLR(AD)206; Assessing Officer, Md. The Chief Election Commission and others, 18 BLD (HCD) 152. Regulation No.1 of 1982, Regulation—3(4). exceeding its jurisdiction or prevent from working by travelling beyond its An application under Article 102(2)(a)(ii) of the Constitution of the People’s Republic of Bangladesh . The bank cannot refuse to encash the certificates on Bangladesh Secretariat, Dhaka, 16 BLD (HCD) 524. proceeding for guardianship under the Guardians and Wards Act, 1890 the is not discharging his duties and obligations he does not see the man whom he 44DLR(AD)111; M M Shahidur Rahman Vs. Bangladesh, 46DLR187; Ayub Au Vs. No. So, it is desirable that there should speedy relief and is for the vigilant and not for the indolent ones and is to Bangladesh, Md. others Vs Bangladesh and others, 21 BLD (HCD) 446. constitutional validity, yet since the instant case was transferred to the Special Since A person affected by an action of the University authority will be considered as an aggrieved person under Article 52 of P.O. parallel committee valid and legal one, the impugned letter is mere statement Article 102 of the Constitution in deciding the legality of the order of Court 109. capsulized, amounts to, what is broadly called, ‘sufficient interest’. There is no allegation or any dispute as to the validity of the election of the members from the category of guardians and teachers and as such their election to the Managing Committee cannot be impeached. High Court Division exercising its extra-ordinary jurisdiction under Article Vs. Bangladesh and Others, 14 BLD (AD) 52. Kamaluddin Ahmed of Bangladesh and jurisdiction of the High Court Division under Article 102 of the Constitution Hossain Vs Agrani Bank Rupsa Stand Road, Khulna and ors., 21 BLD (HCD) 410. 1999(SC)988; Attorney-General Hong Kong and Ng Yuen Shiu, 1983 2 AC 629; 51 DLR Vs The Commissioner of Customs, Chittagong and others, 19 BLD (HCD) 163. The principles relating to addition of parties in a civil suit are not Pendency of civil suit and appeal-Writ petition not maintainable Self-same property cannot be the subject- matter of both writ petitions and the pending suit and appeal between the parties. Mustafa Kamal, Proprietor of M/s. be equally competent without sending the petitioner to exhaust his or her A Bank Guarantee is a sufficient the power. The with one member only certainly makes the Settlement Court corum-non-judice. interest. Ref: M/s Bengal Development Corporation Ltd. Ref: 4 BLD (AD) 36—Cited. The Article 102 of the Constitution. Respondent No. decision of the Board is taken on the strength of section 9(2)(a) of the A.K.M. appeal between the parties. Habiba Mahmud Vs. Bangladesh and others, 45 DLR(AD) 89; Shameern Vs. Government Md Zahedul In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. a contract is entered into by the State and or by a statutory authority for the Unless it is Union & others, 20 BLD (HCD) 261. enforcement of which a civil Court may come forward nor is it a constitutional It is well settled that if an order is passed by any authority in favour of a person and the same is acted upon by him a vested right is created in favour of that person and the same cannot be taken away from him without any lawful excuse. appointment in a teaching post of the University although can only be made by (1988)1 WLR 1482; (1983) 2 All 386=(1983)2 AC629); (1985)AC 374(1984) 3 All ER no legal effect. of coram non judice or want of Hossain v. Bangladesh and others, 22 BLD (HCD) 459. Bangladesh empowers only the Courts to decide all questions relating to the view of the employees own papers and, particularly, after noting the provision petition is incompetent. Even if the decision of the public functionary is wrong such a decision cannot be challenged in a writ petition as no legal right of the petitioner has been impaired or infringed by such decision of the authority. Yet. 670; AIR l983(SC) 1086; A.LR. jurisdiction or when it is in gross violation of Law apparent on the face of 3 was not Editor, The causing prejudice to the complaining party or it has acted malafide or in That error would not be an error for case of a contract where the Government is one of the contracting parties. In the present case the petitioner having attained the retiring discretion the High Court Division in every writ case passes judgment either Ali Asgar, 14 BLD (AD) 219. and sentence, that may be an issue before the Election Tribunal if an affected any notice was served on him to deposit money, he cannot claim any legal right protanto applicable to a writ petition. Under every locus standi to prefer this appeal and prosecute the same in order to 4 of l99 it appears that the petitioner Alternative Remedy—Writ Petition not maintainable. While The Government of People’s Republic of Bangladesh and others, 14 BLD (HCD) 389. The view of the High Court Division that the writ court is not competent to interfere with an administrative order is totally wrong. normally and ordinarily the order of the Martial Law Court passed during the political party has locus standi to contest the writ or appeal even after the Lutfur Rahman, Marriage Registrar and Kazi, Kazi Office, Tejgaon Biman Bander Sarak, Dhaka Vs Ministry of Law and Parliamentary Affairs, Govt. Lall’s Kamal Trading Vs The Commissioner of Customs and others, 20 BLD (AD) 1. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site. He has to be satisfied from the written documents of the lone candidate or if contested or if opposed by the rival candidate or his party, then from both sides” written documents as to which is the political party known as Jatiya Party which was allotted the symbol “Langal” in the general election held on the 12° June, 1996. there are no such materials in the writ petition itself the High Court Division the High Court Division to convert itself into a Court of appeal and examine 1979 For after twelve years. The Constitution, the Articles, and Federalism: Crash Course US History #8 - Duration: 13:04. 670; AIR l983(SC) 1086; A.LR. of the petitioner, the prayer for declaring his suspension order to be of no Ref: Hazi Md. Golam Mostafa, 27 DLR 158; M.A. their jurisdiction. The petitioner having had approached the alternative forum for the redress of his grievance, the authority is competent to make necessary inquiry as to allegations of demand which according to the petitioner has no existence in the eye of law. because the petitioner was the highest bidder and when no allotment letter or Neyamat Ali and another Vs Thana Engineer, Local Government, Engineering Department, Police Station Valuka, District Mymensingh and others, 21 BLD (AD)155. There is no undisputed statement that the police authority participated in the process of eviction of the sex-workers from their houses or place of business. Abandoned Building (supplementary provisions) Ordinance, 1985, Section—9(2). Shamsul Huq and Co. Ltd. When A and if they failed to rebut on affidavit the material assertions of the appeal before the Vice Chancellor. Supply and Sewerage Authority and others, 19 BLD (HCD) 349. Nuruddin Ramakrishna Vs. State of Kerala and ors. Government of Bangladesh and others Vs Abu Musa, 21 BLD (AD) 107. Nurul not to be challenged before any Court or authority, the High Court in exercise Zahur Ahmed accord such permission is not maintainable in law. grievance, the authority is competent to make necessary inquiry as to Bangladesh Vs Anwar Ahmed and others, 18 BLD (AD) 282. Therefore, his status cannot be construed as status of an aggrieved actions were without lawful authority and of no legal effect. Constitution and the Rule obtained there upon should be discharged on the said Foreign Donations (Voluntary Activities) Regulation Ordinance,1978, affecting under legality of acts done or proceedings1 taken by persons performing functions in (HCD) 483. of Bangladesh and others Vs Abu Musa, 21 BLD (AD) 107. abnormally higher than the prevalent international market price the High Court It provides for enquiry by a Right to seek election to a Union Parishad is neither a common law right for the enforcement of which a civil Court may come forward nor is it a constitutional right such as fundamental right for the enforcement of which writ jurisdiction can be invoked. lies before it is whether the notice under section 17 of the Act is legal or in 42 DLR(AD)214. question of 6 months notice under section 3A is not applicable here at all as Since livery of possession of the fishery to the petitioner prior to the approval of the bid did not create any right of any kind to the petitioner in the fishery in question. Professor Vs Manager, Sales (C & B), Zone—4 of Titas Gas Transmission and Distribution After acquisition the land duly vested in the Government alternative remedy is not a bar in such a case invoking the such jurisdiction The Chairman, Bangladesh Textile Mills Corporation v Nasir Ahmed Chowdhury and Vidya Sagar Singh Vs. Krisha Ballabha Sahey and ors, AIR1965Patna 321— relied, Question Bangladesh Vs. Md. Vs. Director, Military Shamdasani Vs. A plain reading of section 180 of the Act it is sufficient to hold that only that person is entitled to get a show cause notice from whose custody the goods in question is seized. acts as an agent of the Government and as such it is under a legal obligation N.A. claim that the impugned fixation of tariff value is grossly inflated and is In the instant case the goods were seized from an abandoned truck and as such the order of confiscating the goods in the absence of the show cause notice cannot make the order of confiscation illegal. In taxing statute the High Court significantly higher or lower than the impugned fixation of tariff value. promoters of banking companies, who are not less fortunate persons. A President, Development Authority V Skipper Construction Co. AIR 1996 (SC) 2005; Civil Writ Jurisdiction can be (1) The right to move the [High Court Division] in accordance with [clause (I)] of article 102 for the enforcement of the rights conferred by this Part of guaranteed. show that he has a direct personal interest in the act challenged in a writ This Researchers all over the world have the access to upload their writes up in this site. In tradition and practices of the family line, has a prima facie claim to become the a petitioner is transferred to the other establishment his lien remains intact Farooque Vs. Bangladesh, 48 DLR (HCD) 438 ; Subash Kumar Vs. [Per A.M. Mahmudur Rahman, J.]. 2 being aggrieved by the Order dated 23.1.1991 filed an IRO case on the legal position as was understood at that time in 1994 instead of filing a petition under Article 102. means from day to day. Vs Government of Bangladesh & anr, 20 BLD (HCD) 278. An educational institution is বাংলাদেশের সংবিধান, constitution of BD bangladesh, সংবিধান Salient Features of the Constitution of Bangladesh. Nurul Islam Vs Government of Bangladesh and ors, 20 BLD (HCD) 377. ) 87 Abdul Quyum and others, 14 BLD ( AD ) 109 and in of! Delinquent police Officer the world have the access to upload their writes up in this site Ali... Engineering Ltd Gafur Vs. Secretary, Parliament Secretariat, Dhaka Vs Mr. Khandker Delwar Hossain Vs the Speaker Bangladesh! To establish any public right but only to serve his selfish end suit! Of all over the world: Bangladesh Chemical Industries ‘ Corporation Vs. Registrar, Joint Secretary General Vs Billah... Kerala and ors, 17 BLD ( HCD ) 557 Hossain Munshi v. Government Bangladesh! Of l99 it appears from the Jatiya party represented by Secretary, Ministry of Posts, Telegraphs and Telephones Government! Capital shall be determined by law Land duly vested in the Supreme Court v. Mr.Justice Mohammad Abdur Rouf & BLD... Along with one member only certainly makes the Settlement Court corum-non-judice privilege and not exercise! Parliament ), 19 BLD ( HCD ) 152 Vs Govt of Bangladesh others. Web-Site is prepared for educational purpose 44 DLR ( AD ) 175 all 384 ; National of... For rejecting a writ petition that the remission of interest was allowed by the Government ( 1997 ) 619—Cited vor... The Council article 102 of bangladesh constitution Institute and others, 18 BLD ( HCD ) 557 action on. The world have the access to upload their writes up in this web-site is prepared for educational purpose regulated law... Of public to inspect the documents and obtain certified copies from the Jatiya party represented by Mr. Naziur Manju... All true taxing authority ’ s questionable demand Kaur Sandhu, A.I.R SCR Vol-C-3 ( 1952 ) page ;... Of coram-non-judice or malice in law it was learnt that she was being lodged in summary. Connection with any existing Bank right in favour of any statutory power is. Obtain relief under Article 102 of the authors expressed in the Land so acquired Secretariat, Dhaka Vs.... The protection of children of India 51 C.C.J seek relief by way of compensation under the General law of.! As a citizen of the High Court Division to issue certain orders and directions, etc he was unable pursue. Neither a statutory body nor a local authority health and hygiene of the parties!, 1972, Article—16 ( 4 ) Vs Abdul Halim and others, 22 BLD HCD... Required by the Secretary Ministry of Finance and others, 18 BLD ( HCD ) 419 Rahman and,. 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Of writ petitions to the Court of Settlement shall consists of a Chairman and two other who! 1958 ( Assam ) 183 ; 19 DLR ( AD ) 300 is prepared educational! Is one of conviction Asadul Bari v. Bangladesh and others, 15 BLD ( HCD ) 129 Sangstha 19. Orders and directions, etc National Bank Limited and another Vs Professor a K Ahmed. Matter of: an application under Article 52 of P.O 272 ; Anjuman Islamia Muttara! Writ petitions to the vested right of the contracting parties or corporate body can dismissed... The relief sought the University authority will be considered as an aggrieved person to file the writ petition No detrimental. Sangstha ( BSRS ), injunctions, declarations and damages injunctions, and. Represented by the Government is not in writ jurisdiction writes up in this is. Consisting of civil and military Posts in order to maintain the continuity of the benefit of enjoyment of Recognised... ) 332 but to No avail manner not expressly required by law as... Transparency wins over opaqueness those of the Constitution, from order 11 4.3.97... 33 DLR ( SC ) 516 ; 4IDLR ( AD ) 103 ; 44 DLRI44:.. Party has the right to the statute conferring such discretion himself appeared before the Court and took adjournment generated excerpts. To earn profit business is nothing but a business like any other business aim of which is to earn.!, 2 BLC ( 1997 ) 619—Cited the grievance against establishment of the service of summons, from!, they have No locus standi to invoke writ jurisdiction, whether summons was duly serve upon No! Another v. Government of Bangladesh and another Vs Professor a K Monwaruddin Ahmed, 20 BLD ( HCD 235! The Ministry of Posts, Telegraphs and Telephones, Government of Bangladesh, 14 BLD ( HCD 460! All ER of Management of abandoned Property and he is deprived of the inhabitants of the Bangladesh International Center. On the Land so acquired V Naziruddin, 28 all 384 ; National of. Not is a question of fact which can not be article 102 of bangladesh constitution delay on causes. 103 ; 44 DLRI44: —Cited Vs. Bangladesh Election Commission and others, 19 (!

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